Madras High CourtWP(MD)/22109/2016disposed of

S.A.Jeyachandran v. The Tahsildar

2016-11-18Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.22109 of 2016 S.A.Jeyachandran ... Petitioner Vs.

The Tahsildar Madurai South Taluk Madurai.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondent to pass order on the Petitioner's representation given on 30.10.2016, 09.08.2016, 10.02.2015 by making alteration in the joint Patta No. 814 by virtue of the orders passed by the RDO in Ne.Mu.No.3612/2013/N, dated 04.02.2015.

For Petitioner : Mr.F.Deepak For Respondent : Mr.Gunaseelanmuthiah, Government Advocate For Rival Party : Mr.N.Marimuthu

ORDER

Heard the learned counsel for the petitioner, learned Government Advocate for the respondent and the learned counsel for the rival party.

2. By consent, the Writ Petition itself is taken up for final disposal.

3. According to the petitioner, pursuant to the order passed by the Revenue Divisional Officer, Madurai, dated 04.02.2015 allowing his appeal, he filed an application on 30.10.2016 before the respondent to issue a separate patta. But, so far, the Tahsildar has not considered the said application and pass orders on the same. Hence, he has filed this writ petition.

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4. The learned counsel appearing for the rival party

contended that he is going to file a revision against the order passed by the Revenue Divisional Officer, dated 04.02.2015, hence, till the revision is filed, the Tahsildar, cannot pass any orders in this matter.

5. In view of the fact, as on today, there is no revision is pending against the order passed by the Revenue Divisional Officer in favour of the petitioner, the respondent/Tahsildar, Madurai South Taluk, Maduai, is directed to consider the claim of the petitioner, on merits and in accordance with law, after issuing notice to all the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order. The rival party is also directed to raise objections before the respondent, and the same shall be consider by the respondent before passing orders in this matter.

With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To The Tahsildar Madurai South Taluk Madurai.

+ 1 CC TO Mr.F.DEEPAK, ADVOCATE IN SR No. 70631 + 1 CC TO Mr.N.MARIMUTHU, ADVOCATE IN SR No. 70147 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 70285 PM TE/ : 16/12/2016 : 2P/5C W.P(MD)No.22109 of 2016 18.11.2016 https://hcservices.ecourts.gov.in/hcservices/